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Bombay High CourtCA/12035/2024admittedallowedgrantedrule absolute

G.M.I.D.C. Thr. Executive Engineer, M.I.D. No.1, Aurangabad And ANR v. Eknath Rambhau Shinde

2025-02-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:4504 67-CA-12035-2024+

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 67 CIVIL APPLICATION NO. 12035 OF 2024 IN FAST/29550/2024 WITH CIVIL APPLICATION NO. 12036 OF 2024 IN FAST/29550/2024 G.M.I.D.C. THR. EXECUTIVE ENGINEER, M.I.D. NO.1, AURANGABAD AND ANOTHER

VERSUS

EKNATH RAMBHAU SHINDE ....

Advocate for Applicant : Mrs. Kalpalata Patil Bharaswadkar Advocate for Respondents : Mr. Sunil P. Kale h/f Mr. Kishor V. Shirodkar ....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 13th February 2025 PER COURT :- 1.

Heard Mrs. Kalpalata Patil Bharaswadkar, learned advocate appearing applicant and Mr. S.P. Kale, learned advocate appearing for the respondent.

2.

The applicant seeks to condone the delay of 793 days caused in filing Appeal.

3.

The perusal of the application shows that the delay has been occasioned on account of administrative compliance. Although

67-CA-12035-2024+ learned advocate appearing for the respondent opposes the application, the averments made in the application are not controverted by filing appropriate affidavit in reply. Apparently, the applicant has not gained any disadvantage by making delay. 4.

The reasons stated in the application are plausible and acceptable. Hence, sufficient cause is made out. In the result, following order is passed.

ORDER

1.

The application is allowed.

2.

Delay of 793 days caused in filing Appeal is hereby condoned.

3.

Appeal be registered subject to remove all office objections.

( S. G. CHAPALGAONKAR, J. ) asd